The Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988

PART V DEFENDED ACTIONS

1.	Instruction fee
	(a) To cover all work (apart from precognitions) until lodgement of open record	£137.20
	(b) Instructing re-service where necessary	£14.70
	(c) If counter-claim lodged, additional fee for solicitor for each party	£28.90
2.	Record fee
	(a) To cover all work in connection with adjustment and closing of record including subsequent work in connection with By Order Adjustment Roll	£145.95
	(b) To cover all work as above, so far as applicable, where action settled or disposed of before record closed	£90.90
	(c) If consultation held before record closed, additional fees may be allowed as follows:— (i) Arranging consultation	£14.70
	(ii) Attendance at consultation—per half hour	£11.95
	(d) Additional fee (to include necessary amendments) to the solicitors for the existing pursuer and each existing defender, to be allowed for each pursuer, defender or third party brought in before the record is closed, each of	£43.00
	(e) Additional fee to the solicitor for existing pursuer and each existing defender, to be allowed for each pursuer, defender, or third party brought in after the record is closed, each of	£64.20
3.	Procedure Roll or Debate Roll
	(a) Preparing for discussion and all work incidental thereto including instruction of counsel	£28.90
	(b) Attendance at court—per half-hour	£11.95
	(c) Advising and work incidental thereto	£21.80
4.	Adjustment of issues and counter-issues
	(a) Fee to solicitor for pursuer to include all work in connection with and incidental to the lodging of an issue, and adjustment and approval thereof	£27.80
	(b) If one counter-issue, additional fee to solicitor for pursuer	£7.65
	(c) If more than one counter-issue, additional fee to solicitor for pursuer for each additional counter-issue	£3.30
	(d) Fee to solicitor for defender or third party for all work in connection with lodging of counter-issue and adjustment and approval thereof	£27.80
	(e) Fee to solicitor for defender or third party for considering issue where no counter-issue lodged	£7.65
	(f) Fee to solicitor for defender or third party for considering each additional counter-issue	£3.30
5.	Precognitions
	Taking and drawing precognition—per sheet	£14.15
Note:	(i) In addition each solicitor shall be entitled to charge for copies of the precognitions for the use of counsel and himself. (ii) Where a skilled witness prepares his own precognition or report the solicitor shall be allowed, for revising and adjusting it, half of the taking and drawing fee per sheet.
6.	Reports obtained under order of court excluding auditor’s report
	(a) Fee for all work incidental thereto	£30.50
	(b) Additional fee per sheet of report to include all copies required (maximum £30.30)	£4.35
7.	Specification of documents
	(a) Basic fee to cover instructing counsel, revising and lodging and all incidental procedures to obtain a diligence up to and including obtaining interlocutor	£28.90
	(b) Fee to opponent’s solicitor	£14.15
	(c) If commission executed, additional fee—per half hour	£11.95
	(d) If alternative procedure adopted, fee per person upon whom order served	£11.45
8.	Commission to take evidence on interrogatories
	(a) Basic fee to solicitor applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories	£58.25
	(b) Basic fee to opposing solicitor if cross-interrogatories lodged	£46.85
	(c) Fee to opposing solicitor if no cross-interrogatories lodged	£17.45
	(d) Additional fee to solicitor for each party for completed interrogatories or cross-interrogatories, including all copies—per sheet	£4.35
9.	Commission to take evidence on open commission
	(a) Basic fee to solicitor for commission up to and including lodging report of commission, but excluding attendance at execution thereof	£64.20
	(b) Basic fee to opposing solicitor	£28.90
	(c) Attendance at execution of commission—per half hour	£11.95
10.	Miscellaneous motions where not otherwise covered by this Chapter
	(a) Where attendance of counsel or solicitor or both not required	£7.65
	(b) Where attendance of counsel or solicitor or both required, inclusive of instruction of counsel—not exceeding half hour	£21.80
	(c) Thereafter attendance fee—per additional half hour	£11.95
11.	Incidental procedure (not chargeable prior to approval of issue or allowance of proof)
	Fixing diet, obtaining note on the line of evidence, etc., borrowing and returning process, lodging productions, considering opponent’s productions, and all other work prior to the consultation on the sufficiency of evidence	£81.70
12.	Amendment of record
	(a) Amendment of conclusions only—fee to solicitor for pursuer	£21.80
	(b) Amendment of conclusions only—fee to solicitor for opponent	£7.65
	(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged—fee to solicitor for proposer	£31.60
	(d) In same circumstances—fee to solicitor for opponent	£14.70
	(e) Amendment of pleadings after record closed where answers are lodged—fee for solicitor for each party lodging answers	£74.55
	(f) Fee for adjustment of minute and answers, where applicable, to be allowed in addition to solicitor for each party	£40.85
13.	Preparation for trial or proof to include fixing consultation on the sufficiency of evidence and attendance thereat, fee-funding precept, adjusting minute of admissions, citing witnesses, all work checking and writing up process, and preparing for trial or proof
	(a) If action settled before trial or proof, or the trial or proof lasts only one day, to include, where applicable, instruction of counsel	£198.20
	(b) For each day or part of a day after the first, including instruction of counsel	£17.45
	(c) To cover preparing for adjourned diet and all work incidental as in (a), if diet postponed more than 5 days	£35.95
14.	Copying
	Productions, reports of commissions, duplicate inventory, jury list, list of witnesses, Lord Ordinary’s opinion, etc.—as per Chapter I, paragraph 2.
15.	Settlement by tender—fees for solicitor for either party
	(a) Basic fee for lodging, or for considering, first tender	£43.00
	(b) Fee for lodging, or for considering, each further tender	£28.90
	(c) Additional fee if tender accepted	£28.90
16.	Extra-judicial settlement
	Fee inclusive of joint minute (not based on a judicial tender)	£74.55
17.	Proof or trial
	Attendance fee—per half hour	£11.95
18.	Accounts —to include framing and lodging account, intimating diet, and attending taxation, uplifting account and noting and intimating taxations	£52.30
19.	Ordering and obtaining extract	£10.90
20.	Final procedure
	(a) If case goes to trial or proof, to include all work to close of litigation, so far as not otherwise provided for, including in particular settling with witnesses and procuring and booking verdict, or attendance at judgement	£58.25
	(b) If case disposed of before trial or proof	£17.45
21.	Session fee—to cover communications with client and counsel
	(a) Where no correspondent—7½% of total fees (including copying fees) allowed on taxation (b) Where correspondent involved—10% of total fees (including copying fees) allowed on taxation.